BILL NUMBER: S8150
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the veterans' services law, the general business law,
the penal law, and the state finance law, in relation to enacting the
"governing unaccredited representatives defrauding (GUARD) VA benefits
act"
 
PURPOSE:
To make soliciting or receiving compensation in a veterans benefits
matter, except as allowed under federal law, a Class A misdemeanor
 
SUMMARY OF PROVISIONS:
Section 1.-Short title.
This act shall be known and may be cited as the "governing unaccredited
representatives defrauding (GUARD) VA benefits act".
Section 2. Amends the veterans service law by adding a new section, 29-e
that grant protections for veterans against fraud and unaccredited
representatives
Section 3. Amends the general business law, as added by chapter 183 of
the laws of 2019
Section 4. Amends paragraph a of subdivision 4 of section 349-f of the
general business law, as added by chapter 183 of the laws of 2019 to
provide applicability of section 349 of the article.
Section 5. Amends subdivision 4 of section 349-f of the general business
law by adding a new paragraph f that permits a right of action against
an entity for violation of this section and provides penalties.
Section 6. Renumbers subdivision 5 of section 349-f of the general busi-
ness law as 6, and adds a new subdivision 5 to provide that supplemental
penalties may be applied if certain additional factors are present.
Section 7. Amends the penal law by adding a new section 190.90 that
provides that a person is guilty of unlawful compensation in a veterans'
benefits matter when they knowingly and willfully violate subdivision 2
of subdivision 349f of the general business law.
Section 8. Amends the state finance law by adding a new section 99-tt
that establishes a veterans' services fund under the joint custody of
the commissioner of tax and finance, the commissioner of veterans'
services, and the comptroller. Such fund shall consist of civil penal-
ties, funds appropriated by the legislature, and gifts. Funding will be
expended for the award of grants to veterans services organizations.
Section 9. Severability Clause.
Section 10. Effective Date.
 
JUSTIFICATION:
Veterans are often subject to scams and fraud. Attackers are being more
efficient with their approaches and it is imperative to protect them, as
they have made significant sacrifices and have laid their lives on the
line to protect citizens.
 
LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
To Be Determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8150: 349-f general business law, 349-f(2) general business law, 349-f(4) general business law